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MARTINI RACING CICLISMO PROGRAM REQUIREMENTS 2019/2020 CONTENTS GENERAL OVERVIEW ENTRY REQUIREMENTS HOW TO PARTICIPATE TERMS & CONDITIONS

MARTINI RACING CICLISMO PROGRAM REQUIREMENTS … · 5. MARTINI RACING CICLISMO PROGRAM MECHANISM MARTINI RACING CICLISMO is a dynamic cycling program to promote health, fitness and

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MARTINI RACING CICLISMO

PROGRAM REQUIREMENTS 2019/2020

CONTENTS

GENERAL OVERVIEW

ENTRY REQUIREMENTS

HOW TO PARTICIPATE

TERMS & CONDITIONS

DRAFT

GENERAL OVERVIEW

MARTINI RACING CICLISMO is a cycling program aimed at promoting health,

fitness and a sense of community amongst bartenders who serve MARTINI products.

The program has local stages and a global part. The Global part is organised and

offered by Bacardi-Martini B.V. of Groningenweg 8, 2803 PV Gouda, the Netherlands

(“Global Martini Promoter”). The MARTINI RACING CICLISMO local stages and the

related activities in the participating countries are organised and offered by the

respective local Martini distributors or their agents (“Local Martini Promoter”).

Fifty participants chosen during the local stages of the MARTINI RACING CICLISMO

Program will be eligible to attend its global part.

The present MARTINI RACING CICLISMO Program Requirements, can also be

referred to as “MARTINI RACING CICLISMO Program”, “MARTINI RACING

CICLISMO”, or “the Program”.

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ENTRY REQUIREMENTS

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Bartenders and hospitality professionals can enter the MARTINI RACING CICLISMO

Program subject to meeting each of the following conditions:

a) they are at least twenty-one (21) years of age at the time of entering the

program1

b) their place of work is in one of the participating markets’ geographical

location, namely: The United Kingdom, Spain, The Netherlands, Denmark,

Belgium, The United States of America, Australia and China.

c) their place of work: (i) is within the hospitality sector; and (ii) has a bar with

permanent availability of one or more of the following MARTINI products:

MARTINI Riserva Speciale Bitter

MARTINI Riserva Speciale Ambrato

MARTINI Riserva Speciale Rubino, or;

the CORE MARTINI range2 in markets where the MARTINI Riserva

Speciale range is not available in market

(c) they are medically fit, and their physical condition is adequate to safely

participate in the MARTINI RACING CICLISMO program and to perform all exercises

they intend to engage in within the program, AND they have sought medical

guidance and have consulted their physician or other healthcare provider before

engaging in MARTINI RACING CICLISMO and starting an exercise program.

The Local Martini Promoters will decide in their sole discretion if a candidate

participant’s application fulfils these entry requirements.

1 Employees of any Bacardi Group Company or of any distributor appointed by any Bacardi Group Company, as well as their immediate family (spouse, parent, siblings, and children) and household members of those employees are not eligible to win or participate in any incentive-based mechanic related to this program.2 The qualifying ‘core’ MARTINI Range consists of: MARTINI ROSSO, MARTINI BIANCO, MARTINI EXTRA DRY, MARTINI ROSATO & MARTINI FIERO.

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HOW TO PARTICIPATE

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By submitting his/her application to participate in the Program, each participant

warrants that he/she meets the Entry Requirements and unconditionally accepts: (i)

the MARTINI RACING CICLISMO Terms and Conditions (ii) the broader Program

Requirements of which they are part, (iii) all applicable laws and regulations; and (iv)

the fact that the decisions of the Local and, respectively, Global Martini Promoter, will

be final and binding upon them, and they waive any appeal or other remedy.

MARTINI RACING CICLISMO TERMS AND CONDITIONS

These Terms and Conditions must be read together with the preceding sections

“Entry Requirements”, “How to Participate” and “MARTINI RACING La Classica

Competition”, of which they are a part and that contain definitions, rules and terms

and conditions of entry and participation.

1. ORGANISING COMPANY

The Local stages of the Program are organised and offered by the Local Martini

Promoter specified in the ‘How to Participate’ section. The Global stage of the

Program is organised and offered by the Global Martini Promoter, Bacardi-Martini

B.V. of Groningenweg 8, 2803 PV Gouda, the Netherlands.

2. ELIGIBILITY

In addition to the conditions set forth in the Entry Requirements, the Program is open

only to Participants who (a) are legal residents of the country in which they seek to

enter the Local stage Program, (b) are at least twenty-one (21) years of age at the

time that they enter the Program, and (c) have a passport valid through the end of

the year when the Global stage takes place. (d) have proficient use and

understanding of the English language in order to understand health and safety

briefings.

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3. ENTRIES

In order to apply for admission to the Program, candidate participants must submit

their personal information via the MARTINI RACING CICLISMO website,

www.martiniracingciclismo.com. By doing so, candidate participants agree and

accept, and are deemed to have agreed and accepted, the Program’s Terms and

Conditions. Candidates will need to select a country from participating countries list

through a drop down windows, fill in their contact details and measurements for

clothing in order to ensure potential clothing and apparel will fit correctly. The site will

manage people’s personal data in a safe and secure way and under strict

governance. Following a successful submission candidates will receive a welcome

email and will be invited to register via a link to their local charter club on Strava.

For a candidates chance to secure a place in the global MARTINI RACING

CICLISMO program, namely in the Martini Racing La Classica 2019, each

participating market will set their own local criteria honouring and promoting inclusion

and fairness with the selection criteria based on tangible data in order to define who

the resultant winners are. These candidates will be chosen and notified by the 12th

July 2019.

4. TIMEFRAME

MARTINI RACING CICLISMO activities are running from April 2019 to March 2020,

each participants market is responsible of own calendar of activities.

MARTINI RACING La Classica 2019 will take place from 21st to 24th of September

2019, winners will be selected and notified by 12th July 2019, candidates will need to

take part to local activities previous this date in order to be entitled to the chance of

winning a place.

5. MARTINI RACING CICLISMO PROGRAM MECHANISM

MARTINI RACING CICLISMO is a dynamic cycling program to promote health,

fitness and a sense of community amongst bartenders who celebrate and serve

MARTINI, the world’s leading vermouth. This unique and comprehensive program

includes the following*:

- Online Strava integration

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- Bespoke indoor cycling classes

- Ciclismo Workshops & ‘Smart Trainer’ Challenges

- Organised local ‘community’ rides

- Velodrome / closed track rides

- Winter training camps

- Nutritional advice and exercise programs

All of which are available exclusively to bartenders under the banner ‘MARTINI

RACING CICLISMO,’ a Program designed to further an individual’s ability to improve

their fitness limits and capability. Invited bartenders across participating markets will

also have the chance to win a place on LA CLASSICA, a global cycling experience

and event in Europe through a series of co-ordinated training and challenges in order

to secure their place. Participants should not drink alcohol before engaging in any

sport exercise and should at all times drink alcohol in moderation.

It is prohibited to use any artificial enhancements and methods to gain an advantage

over others during the MARTINI RACING CICLISMO Program, as is any other form

of cheating which is fundamentally contrary to the spirit of sport.

6. COST AND EXPENSES

Local or Global Martini Promoters will not cover or reimburse personal expenses no

matter the outcome of the participation and/or of the race or of activities within or as

part of the MARTINI RACING CICLISMO Program.

6. DISQUALIFICATION

Local or Global Martini Promoters reserve the right to disqualify any participants

where there is a reasonable suspicion of any unlawful, unsportsmanlike or improper

conduct, such as infringing a third party’s intellectual property rights, cheating or if

there has otherwise been a breach of the competition terms and conditions.

7. AGREEMENT TO TERMS AND CONDITIONS

By entering the Program, participants will be deemed to have read, understood and

unconditionally agreed to be bound by these Terms and Conditions, by the Program

Requirements and by any local terms and conditions and requirements issued by

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Local Martini Promoters for the country under their responsibility. Decisions of the

Local and, respectively, Global Martini Promoter will be final and binding, and

participants waive any appeal or other remedy.

Participants cannot participate in the Program unless they comply with all

requirements set forth herein. The Local and, respectively, Global Martini Promoters

reserve the right to change these Terms and Conditions or the Program

Requirements at any time, without prior notice. Any changes will be communicated to

the participants via email.

By entering the Program, participants represent and warrant that they are complying

with any policy that their employer may have regarding participation in contests of

this nature.

In the event of conflicts or inconsistencies between (i) these Terms and Conditions

and the Program Requirements, and (ii) any communication, media release,

advertising and promotional materials, these Terms and Conditions and the Program

Requirements shall prevail.

8. IP RIGHTS

By participating in the Program, each Participants: (a) grants the Local and Global

Martini Promoters, and each of their agents, licensees, and assigns (collectively, the

“Rights Holders”) the unconditional, non-exclusive, right and permission to use,

reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly

perform, adapt, modify, create derivative works of, exhibit, and otherwise use the

Participants’ Entry as-is or as-edited in any media throughout the world for any

purpose, without limitation, and without additional review, compensation, or approval

from you or any other party in perpetuity from the date you submitted the Entry; (b)

waive any rights of copyrights, trademark rights, privacy rights, and any other legal or

moral rights that may preclude the Rights Holders’ use of the Participants’ Entry, as

outlined above, or require any further permission for the Rights Holders to use the

Entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim,

or lawsuit against the Rights Holders on the grounds that any use of the Entry, or any

derivative works, infringes any of Participants’ rights as creator of the Entry including,

without limitation, copyrights, trademark rights, and moral rights.

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9. PUBLICITY

Except where prohibited by law, by participating in the Program, participants agree

that the Rights Holders and any media attending events related to the Program may

use their name, likeness, voice, statements, photographs, audio-visual footage,

recipe, biographical information, state of residence, and/or any other record of their

participation in the Program for promotional purposes in any media release,

advertisement, television, radio, film, documentary, internet, or in any other

publication or media without further payment or consideration.

10. GENERAL CONDITIONS

In the event that the operation, security, or administration of the Program is impaired

in any way, the Local and, respectively, Global Martini Promoters may, in their sole

discretion, either: (a) suspend the Program to address the impairment and then

resume the Program; or (b) award the prizes according to the criteria set forth in the

Program Requirements among the eligible entries received up to the time of the

impairment.

The Local and, respectively, Global Martini Promoters reserve the right, in their sole

discretion, to disqualify any Participant who tampers with the operation of the

Program, violates these Terms and Conditions or the Program Requirements, or acts

in a disruptive or unsportsmanlike manner.

The Local and Global Martini Promoters’ failure to enforce any term of these Terms

and Conditions shall not constitute a waiver of that provision. Proof of sending any

communication to the Local or Global Martini Promoters by mail or e-mail shall not be

deemed proof of receipt of that communication by either of them.

The Program is subject to all applicable laws and regulations in effect where

conducted and is void where prohibited.

11. INSURANCE

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Participants shall take out with a major and reputable insurance company an

insurance policy adequate to cover any liability arising from the Participant’s

participation to MARTINI CICLISMO program.

12. LIABILITY

Participants understand and agree that the BACARDÍ Group Company is not

responsible or liable for any advice, course of treatment, diagnosis or any other

information, services or products that a Participant obtains through this program.

Participants are encouraged to consult with their doctor with regard to this

information contained on or through this program. After reading articles, watching

videos or reading other content from this program, Participants are encouraged to

review the information carefully with their professional healthcare provider.

By participating in the Program, participants agree to release and hold harmless the

Local and Global Martini Promoters, and each of their respective parents,

subsidiaries, affiliates, officers, directors, employees, and agents (the “Released

Parties”) from and against any claim, liability or cause of action arising out of their

participation in the Program or receipt, or use of, any prize including, but not limited

to: (a) unauthorized human intervention in the Program; (b) technical errors; (c)

printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e)

errors in the administration of the Program or the processing of Entries; or (f) injury or

damage to persons or property.

Each Participant further agrees to indemnify, release, and hold the Released Parties

harmless from any claims that their use of that Participant’s Entry (as contemplated

in herein) violates or infringes upon the rights of any third party.

Participants waive the right to claim any damages whatsoever, including, but not

limited to, punitive, consequential, direct, or indirect damages.

13. DISPUTES

Except where prohibited by law, participants agree that any and all disputes, claims

and causes of action arising out of, or connected with, the Program or any prize

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awarded shall be resolved individually by mediation, without resorting to any court of

law, or to any form of court case, action or class action. In case no result can be

achieved through mediation, participants agree that all disputes, claims and causes

of action arising out of or in connection with this Program shall be resolved

individually and exclusively by the courts of England and Wales.

The construction, validity, interpretation and enforceability of these Terms and

Conditions, the participants ’ rights and obligations, and the rights and obligations of

the Local and Global Martini Promoters in connection with the Program, shall be

governed by, and construed in accordance with, the laws of England and Wales,

without giving effect to any conflict of law rules, which would cause the application of

any other laws.

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